1. Applicant’s Name: a. Application Date: 17 June 2016 b. Date Received: 27 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he was all for starting a new career on a path to doing something great for himself and his family. The applicant states that once his unit arrived in Iraq, there were missions upon missions and for months, lack of sleep was an understatement, but they had to do what they had to do. The applicant further states that everything he was taught to care about went out the window when he was deployed. If he cared a little, he felt that he would die and that all he needed was his weapon and his squad. When they were transitioning to redeploy back, he tried to stay to do another tour because he did not feel he could live in the states anymore. The applicant felt that it was simpler to kill or be killed in Iraq; whereas in the states, everyone was the enemy. Once returning home in March 2008, the applicant states he had a carefree attitude, not giving a damn about anything, it was whatever at all times, which soon led to his run in with the police and receiving a Field Grade Article 15. In February 2009, while assigned to Fort Irwin, the applicant states that he did not get along with his leadership and was constantly arguing, fighting, and drinking every day of the week. He began to have financial problems, which he contends he brought to his leadership’s attention; however, received no assistance. Therefore, he took matters into his own hands by stealing video games from the Post Exchange (PX) and taking them to Game Stop and selling them. At this point, the applicant did not care, as his concern was that his family was fed and that his bills were getting paid. The applicant was eventually caught and placed on 45 days of hard labor, which entailed lifting large size boulders used to build a PT track in the middle of a field from 0900 hours until 2300 hrs. The applicant states he began to have heart problems, which required him to see a specialist at the Naval Base in San Diego. The applicant alleges that he was being stalked by his platoon sergeant. Since his discharge, the applicant has had to be rushed to the hospital for his heart and still experiences lack of sleep, nightmares, anxiety, frustration, anger, nervousness, and the feeling of madness. The record indicates the applicant had a prior records review in 2011. Per the Board's Medical Officer, based on the information available at this time, the applicant has a Behavioral Health Condition which is mitigating for the misconduct which resulted in his UOTHC discharge from the Army. The applicant has been diagnosed with PTSD and TBI by the VA. As PTSD is associated with the use of alcohol and/or illicit substances to self-medicate symptoms, there is likely a nexus between the applicant's PTSD and the offense of marijuana use. Both the military electronic medical record (AHLTA) and the VA electronic medical record (JLV) were reviewed. In a personal appearance hearing conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length of service, to include his combat service, the circumstances surrounding his discharge (i.e. post service PTSD and TBI diagnosis), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial / AR 635-200 / Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 17 May 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 12 April 2010, reflects the applicant was charged with violation of the UCMJ, Article 112a. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 112a, Wrongful Use of a Controlled Substance (between 7 December 2009 and 6 January 2010) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 13 April 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 May 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 February 2008 / 5 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 5 months, 20 days d. Prior Service / Characterizations: RA, 28 November 2005 to 17 February 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (16 January 2007 to 29 March 2008) f. Awards and Decorations: NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 11 February 2010, reflects the applicant tested positive for marijuana during an Inspection Unit (IU) urinalysis testing conducted on 6 January 2010. Record of Trial by Summary Court-Martial, dated 22 January 2010, reflects the applicant was found guilty of stealing multiple video games of a value greater than $500.00, the property of AAFES (between on or about 11 October and 21 October 2009). The sentence consisted of forfeiture of $964 pay per month for one month, reduction to E-1, and hard labor for 45 days. The applicant was counseled on 12 February 2010 for disobeying a lawful order and for illegal use and possession of a controlled substance. DD Form 458 (Charge Sheet), dated 12 April 2010, described at the preceding paragraph 3c(2). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Salem VA Medical Center Progress Notes, printed on 26 October 2016, reflect the applicant has a medical history that consists of, but not limited to, anxiety, PTSD, and depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; DD Form 214; statement from his mother; and Salem VA Medical Center Progress Notes. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.” 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends he was a good Soldier, which included a deployment to Iraq. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct. Specifically, he claims financial issues contributed to his misconduct. While the applicant may believe his personal issues and mental health was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant contends that medical issues contributed to his discharge from the Army. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant contends that he was being stalked by his platoon sergeant; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length of service, to include his combat service, the circumstances surrounding his discharge (i.e. post service PTSD and TBI diagnosis), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NCO – Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH – Behavioral Health HD - Honorable Discharge NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160012089 5